Full question:
What are the rights of a minor when it comes to breathe analyzers?
- Category: Minors
- Date:
- State: Ohio
Answer:
There is no requirement for parental consent to conduct a breathalyzer on a minor in Ohio. Therefore, if a law enforcement officer suspects consumption of alcohol by a minor (under the age of 21), he or she may require the minor to take a breathalyzer test. This is particuarly true if the situation involves operation of a motor vehicle.
A breathalyzer is a chemical test administered to a person to detect the presence of alcohol in their body in order to determine if they are legally intoxicated. The test is commonly given by a police officer to a person suspected of drunk driving. The results of a breathalyzer test may be invalidated if the officer cannot testify to the proper working order and calibration of the breathalyzer. Breathalyzer maintenance is conducted according to state regulations, which vary by state. The person performing the maintenance may be required to be certified under state law.
Most states have implied consent laws, which vary by state, that assume the consent to a breathalyzer test is given by the act of driving on public roads. Failure to take the breathalyzer test when requested usually leads to stiffer penalties and automatic revocation of driving privileges. Results of a breathalyzer test are admissible in court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
